Surgical divorce is defined as a skillful legal operation that is quick, and relatively painless. The process aims to minimize acrimony for both parties, keep things simple and minimize conflict within the family unit. People should carefully consider whether they fit into the following categories, all of which are well-suited for surgical divorce methods
]]> People who already have fairly specific prenuptial agreements might consider surgical divorce as a viable option. Surgical divorces may also benefit those who have children. The truncated proceedings may subject the kids to fewer difficulties and emotional hardships because of its brevity. Children will not have to watch their parents involved in a long dispute. Rather, the marriage ends in a swift divorce, so kids are less likely to develop an unhealthy view of marriage, according to divorce professionals.Ultimately, divorce involves a lot of emotions and legal complexities to work through, no matter how the split is approached. Yet employing an uncontested divorce strategy can make the process easier and less stressful, ameliorating conflict in a respectful and dignified fashion. Knowing that every couple has a unique situation, it is still best to consider all available options. If couples proceed with the method that best suits them, they will be ready to move into the next phase of their lives.
Source: Huffington Post, "What is a 'surgical divorce' and how to get one," Laurie Israel, May 3, 2012
]]>Parents who are getting divorced understandably struggle with telling their children about the impending split, an event that can be emotional and unfamiliar for everyone involved. Fortunately, there are some tips to help you tell your kids about your divorce without jeopardizing their relationship with you or your soon-to-be ex-spouse.
]]> First, parents are encouraged to refrain from speaking disrespectfully about the other parent. As we have discussed before on this blog, children often see themselves as reflections of their parents, and any insult directed at one of their parents may be seen as an insult directed their way. Your children can also become confused, thinking that there must be something wrong with loving one of their parents. Remember that the custody agreement may require them to spend time with their other parent.Parents should also make sure that they are not immediately pushing their children to make big choices related to the divorce. The divorce is an adult matter, so it should be resolved as such. Children should not be put in the middle by being asked to choose between their parents or exposed to divorce-related arguments.
Additionally, parents need to understand that children don't automatically comprehend that the split is not their fault. Do not assume that they are aware that the split has been caused by disagreements between their parents. Many children may blame themselves for divorce. Reminding them frequently that the division was not their fault can help them through the process.
Although divorce is a tough process for everyone involved, parents can make it much easier for their children by treating them with respect and care throughout the experience. Above all, act with the best interests of your children at all times. Realizing that they may not have the same understanding of the divorce as you or your spouse will help everyone emerge from the process ready for the next phase of life.
Source: Huffington Post, "Divorce questions: How do I tell my kids we're getting a divorce?" Rosalind Sedacca, April 28, 2012.
]]>First, couples may consider a "do-it-yourself" divorce, during which they attempt to hash out the divorce decree independent of legal and financial professionals. Divorce is legally and financially complicated and simple mistakes can become massive problems if they are unnoticed, so this may not be the best option in many cases.
]]> Divorce mediation provides solid alternative to traditional divorce. The couple meets with a neutral third party that attempts to help them reach a settlement without a contentious court battle. Both parties may still consult their own legal representative, but an agreement is ultimately reached using communication and collaboration with the neutral mediator. Mediation is generally faster and less expensive than court hearings and they are often more private, as well.Collaborative divorce occurs when the members of a couple agree to work out their own divorce settlement without ever going to court. Some neutral parties may be involved in this process, which allows couples to sit down with each other and finalize divorce decrees based on trusted legal advice. Collaborative divorce resembles mediation, but it may not be the best decision if a significant amount of assets are involved and there is reason to believe that your spouse is hiding assets or income.
Finally, the traditional form of litigated divorce is still the most common. This is the case because most divorces are only agreed on by one party; 80 percent of marriages dissolve because of the opinions of one partner alone. People who are starting off with an emotionally charged situation often choose this option due to the legal complications and technicalities involved in divorce.
Overall, choosing a divorce method is highly dependent upon the types of assets involved in the split and depends upon the people who will be divorcing each other. The important thing to remember is that there are alternatives to "traditional" divorce that can, in some cases, result in a swift, fair settlement.
Source: Forbes, "The four divorce alternatives," Jeff Landers, April 24, 2012
]]>The language that defines financial support for education should be precise and well-defined in a couple's divorce settlement. This will help guarantee that children are able to make their college aspirations a reality.
]]> To make sure your child can afford to attend college, legal experts recommend a few steps before the child heads off to school. Parents should make sure that their child is in the primary custody of the parent with the lowest income the year before they apply for colleges. That way, the student will be eligible for more financial aid, based on a lower amount of family financial resources.Also, the divorce decree should indicate that both parents cooperate in filing the financial aid forms, which means that both parties must be willing to provide the relevant income and tax information. The divorce decree should also determine which party will pay for specific expenses. For example, if one parent chooses to pay for room and board, the other can pay for tuition and associated fees.
Furthermore, an appropriate cap for these expenses should be established before your child goes to school. For example, the couple can decide that they will each pay half of the tuition up to $30,000 per year. Couples can also limit the amount of time they will provide funds for the pursuit of a diploma.
Finally, the decree should contain provisions for the child's education in the event of a parent's death or disability. This means that life insurance and other financial assets should be apportioned in the decree itself.
By clearly spelling out how a child's education will be funded, couples can avoid significant emotional and financial inconvenience later in life. Like most other aspects of filing for divorce, planning is essential to achieving the best possible outcome. Furthermore, this issue highlights the benefits of continued parental cooperation after a divorce is finalized.
Source: Huffington Post, "Divorce questions: How is college tuition divided among exes?" Honoree Corder, April 17, 2012
]]>Both Seal and Klum have decided to split amicably and they have made that position public since they announced their intention to split earlier in 2012. Klum has said that she will not comment publicly about the divorce proceedings.
]]> The pair has cited irreconcilable differences as the reason for their split. Court documents show that the two decided on a financial strategy in the event of divorce shortly after their marriage, so allocation of assets should not be a contentious matter.Klum's first child, who was fathered by an Italian businessman, was adopted by Seal in 2009. The young girl has acquired Seal's last name and he has been heavily involved in her life. Klum and Seal have four children together and they have been well known for their family-friendly vacations and family-oriented lifestyle.
Oftentimes, celebrity divorces will remain in the headlines because they turn bitter. Seal and Klum have decided to go the other direction, however, which will probably be best for their children in the long run. Divorce does not have to be an unnecessarily stress-invoking process. As this famous couple is demonstrating, you can make arrangements in case you and your spouse decide divorce is the best option and you can head into divorce agreeing to be civil throughout divorce negotiations. This mindset may be particularly important while making child custody arrangements, which can very easily turn sour. When that happens, the whole family, parents included, is impacted.
Source: The Examiner, "Heidi Klum divorces husband Seal over Easter weekend," Renee Mallett, April 9, 2012
]]>Rodman's ex-wife initiated the legal action against him. The woman was not immediately available for comment in the case. According to court records, Rodman also pays child support for another child. She alleges that he failed to make monthly payments before he had the payments modified.
]]> Rodman's lawyers say that the $750,000 deficit is inflated; the star owes a much smaller amount, if anything at all. His attorneys say that he has made all required child support payments during the months in questions and they are confident that he should be exonerated in the case.Rodman was initially charged with a $50,000 per month child support payment, but that amount was later reduced to $3,560 per month. The contempt ruling was based on the previous amount, which Rodman's lawyers say is completely untenable. His attorney says that the courts should consider that the star is retired and his income has been significantly reduced compared to his playing years. They also indicate that the star is in very poor health, as he has apparently been suffering from severe alcoholism.
The basketball star is no stranger to legal issues. In 2008, he pleaded no contest to a battery charge against his girlfriend. Rodman underwent counseling and performed physical labor as a result of that incident.
This is a really unfortunate case. Parents have an obligation to help provide for their children and have a duty to fulfill and court ordered support payments. Rodman is dealing with a lot, but that should not necessarily relieve him of his obligations to help with his children. Most unpaid child support cases do not involve celebrities or noteworthy athletes, and many families suffer as a result of this problem. The hope is that this case is resolved as fairly as possible and Rodman's children get the resources they need to live and grow comfortably.
Source: Corona Del Mar Patch, "Dennis Rodman Ill, Attorney Says, as Battle Over Child Support Continues," March 27, 2012
]]>Experts say that those who make an effort to be organized tend to maintain better financial health throughout the divorce process and can help couples determine whether or not spousal support is necessary. People who have all of their facts, documents and needs organized can be ready to communicate with their divorce team immediately. This allows divorcees' financial advisers to quickly prepare thorough documents that can improve the likelihood of a healthy monetary future. Furthermore, being organized can help your divorce team determine which documents are missing or need to be submitted.
]]> People who are organized are also more familiar with the details of their case, which allows them to more effectively advocate for their financial needs. Attorneys say that a few simple steps can make divorce much easier and more efficient for everyone involved.Lawyers encourage divorcees to collect a comprehensive set of financial documents. Year-end statements for mortgages, credit cards and other holdings can prove incredibly valuable while splitting up assets. Furthermore, hiring a professional to conduct a lifestyle analysis can provide a good picture of spending habits and living expenses incurred during the marriage. This can help divorcing spouses know how much money they need each month to maintain their current standard of living, which can ease the process of including alimony payments in a divorce. Lifestyle analyses are also important when a judge attempts to split assets because they provide a better picture of individual net worth.
Florida residents going through a divorce should also be sure to closely monitor their spending and open new accounts in their own names. Federal regulations have made it more difficult for people without a borrowing history to improve their credit score. Finally, establishing secure and private communication with financial and legal experts can speed the divorce process and clarify many complex questions, including the possibility of alimony payments.
Source: Forbes, "Why women who are organized often do better in divorce," Jeff Landers, March 27, 2012
]]>One couple is now dealing with issues regarding differing laws between states after they were denied the ability to file for an uncontested divorce, due to the fact that their marriage is not legally recognized in their home state. In 2008, the couple, consisting of two women, decided to get married in another state that allowed same-sex marriages. A couple years later, they decided to split up, but they wanted to proceed amicably by opting for an uncontested divorce. Now, their divorce is in a state of legal limbo in their home state.
]]> Though the couple intended to move forward with their divorce, they now they face a potential legal battle as the state's Supreme Court is may soon be handling their case. A local judge denied their petition for divorce, because their state does not currently recognize out-of-state same-sex marriages. However, their state intends to recognize the ability of same-sex couples to wed beginning in 2013, so it puts them in a very difficult position. The state's high court ruling could set an important precedent.This particular couple sought to go forward with their divorce in a friendly fashion. They didn't want to deal with the stress of a litigious divorce, so they chose to pursue an uncontested divorce. Now, they are in for an unexpected legal battle over their state's marriage and divorce laws.
This particular case highlights a couple important aspects of family and divorce laws. Even if you and your spouse choose to settle your relationship in an amicable fashion, you may still run into complications involving your state's specific laws. This is why it is very crucial to stay abreast of any significant changes regarding your state's specific family-related laws. Furthermore, understanding how your state's laws interact with the laws of other states can be confusing and frustrating, so it is important to receive trustworthy advice as to how you should proceed with your divorce.
Source: The Baltimore Sun, "Same-sex divorce case heads to top Maryland court," Andrea F. Siegel, March 17, 2012
]]>Oftentimes, asset division is the most contentious aspect of divorce proceedings. In most divorce cases, any assets acquired during the course of a marriage are subject to being split equally between spouses. For many Florida military couples, a military pension is their largest asset, so it is no surprise that it can become the source of a dispute.
]]> Military pensions are usually considered so valuable because there is no minimum age when a former service member can begin to draw from their retirement benefit. In addition, the pension includes increases in payments for increases in the cost of living. For example, an Air Force lieutenant colonel who spent 30 years in the service would receive an annual pension of $72,288 if they retired today, and this is without adjustments for inflation over time.Like most assets, the non-military spouse can receive half of the pension benefit for the years that their marriage overlapped service time. In cases that 10 years of military service occurred during a couple's marriage, the federal government will automatically send half of the pension payment to each spouse after a divorce. However, pension payments will not automatically be split if less than 10 years of military service occur during a marriage. This is why it's very important for divorcing military spouses include very specific terms regarding military pensions in their settlement.
Having a legal representative that is familiar with the intricacies of military divorces, including military retirement benefits, can make this process less uncertain and stressful. There are many instances of divorced military spouses who have failed to secure a portion of a military pension after divorce. The years after a divorce can be difficult, especially as couples make adjustments to their new financial situation, so receiving a fair settlement can help divorced military couples feel more financially secure.
Source: The Wall Street Journal, "Divorce: Splitting Up a Rich Military Pension," Ellen E. Schultz, March 9, 2012
]]>Over eight years ago, the Florida couple decided they wanted to raise a child together, so they explored their options and chose in vitro fertilization. One of the women donated her egg, which was fertilized and carried by her partner. Eventually, the couple split up when one of the women left the United States with their child. Since that time, the two have been involved in a legal dispute that is calling state parenthood laws into question. Currently, the Florida Supreme Court is weighing whether or not to hear their case.
]]> Above all, this dispute is asking the Florida judiciary to consider exactly what it means to be a parent. This issue will become all the more important as society changes and fertilization technology improves. Existing state laws regarding parenthood were passed in 1993, in reaction to the emerging popularity and viability of in vitro fertilization.An appellate court ruling determined that the woman who provided the egg should not just be considered a donor, because both women intended to be mothers to the child. These rulings have triggered many to urge lawmakers to update laws so they reflect today's families and clarify parental rights for same-sex couples.
At the center of all child custody cases is the necessity to protect and preserve the best interests of a couple's children. Separation and divorce are stressful processes for Florida families, so creating a custody arrangement that helps to ensure the welfare of children can help couples move into the next phase of their lives. Hopefully these women will eventually resolve their disagreement peaceably in order to help their child thrive.
Perhaps the appellate decision said it best by indicating that the couple's separation does not "dissolve the love and affection either has for the child."
Source: The Associated Press, "Same-sex custody battle could change Florida law," James L. Rosica, Mar. 4, 2012
]]>Currently, a proposal making its way through U.S. Congress would allow states to garnish 100 percent of federal benefits for those who do not make payments. Though the proposal to shift benefit payments entirely to electronic payments aims to cut government spending, it could end up leaving as many as 275,000 men with essentially no income.
]]> As current laws stand, states can collect as much as 65 percent of benefits from those with unpaid child support if they receive payments via paper checks. Switching exclusively to electronic payments would change that regulation.To further complicate the matter, a large share of the money the states collect may not even go to the kids it is intended to benefit. Rather, states can keep the garnished benefits in order to make up for any welfare that went to the children in lieu of unpaid child support.
In a tough economy, many Florida parents depend on monthly child support payments to pay for the essentials to raise a child. Knowing this, parents should not neglect their duty to make child support payments. Yet this proposed change shows how complicated the issue of unpaid child support can be.
Making child support arrangements can be one of the most important aspects of a divorce settlement. Children should always take priority when determining the details of a custody and support arrangement. However, a person's financial situation at the time they get divorced may not be the same years down the road. Instead of winding-up in legal trouble and hurting families, parents should consider trying to get their child support payments modified if their income changes dramatically. This way, parents can reach an agreement that is manageable and fair, but helps to keep children happy and healthy.
Source: Associated Press, "Move to electronic benefits could leave thousands who owe child support with no income," Feb. 28, 2012
]]>This past fall, McCready took her son from his grandparents' house in Florida and brought him to another state. The grandparents had legal custody of the child while McCready and the boy's father were in the midst of determining custody. Since being removed from Florida, the boy has been taken into custody by social services.
]]> Rather than keeping the boy in another state with child services, the father thought he should be brought back to Florida to live with his legal guardians. However, the court ruled that the boy will stay in protective custody until the settlement is reached in Florida.The country singer had a string of troubles that led to the custody dispute and removal of the child from her custody. Her attorney, however, said that McCready has taken parenting classes and has passed drug tests. Apparently, she is in a better position to act as a caretaker for her child.
The child services office has even offered to use public funds to pay for the father's travel expense associated with monthly visitation. Though this is a rather interesting arrangement and offer, social services officials indicated that this kind of situation is not groundbreaking. It's not unheard of for children to end up in other states.
Though celebrities often live glamorous lifestyles, they are still susceptible to the same problems as everyone else. McCready and the boy's father are locked in an emotional and trying battle for their child. Of course, both parents want what's best for the child, but they have different ideas of what arrangement will achieve that end. For the sake of the little boy, the hope is that this case is resolved quickly and peaceably.
Source: Today's THV, "Mindy McCready's custody battle in Florida, son stays in Arkansas," Meredith Mitchell, Feb. 22, 2012
]]>When a soldier returns from battle with PTSD-related symptoms, it is not uncommon for their personal relationships to suffer. This highlights an important issue of military family law. With an inability to maintain relationships with spouses and children, it's not surprising that this debilitating psychological condition puts a tremendous strain on military marriages. This is why it is not uncommon for divorce to occur in light of a PTSD diagnosis.
]]> Furthermore, the results of a Washington University study reveal that it's not just PTSD that can trigger military divorces or cause interpersonal relationships to suffer. This study indicates that just serving in the military can make it harder for servicemen and women to get along with their family members. On average, military members score lower on a measure of "agreeableness."This shocking study indicated that this can affect all types of relationships, including marriage. It's understandable that military service can be hard for families. Knowing the results of this study, it is not hard to understand why military divorce rates are at their highest since 1999. This serves as a reminder that it is important to provide the help and support military families need.
When military families reach the point of divorce, it is important that they receive the kind of help that understands the sensitivity of their situation. Divorce is an emotional process by itself, and taking into account the stresses of military combat makes it even more important for military couples to employ trustworthy assistance when they are dealing with divorce.
Source: The Huffington Post, "Military Service Does Number On Vets' Minds, Study Suggests," David Freeman, Feb. 17, 2012
]]>Divorce requires "financial separation, emotional separation, physical separation, and an understanding on how the future of the relationship will continue." So, it's much more complicated than signing a few papers. When children are involved, a couple's relationship, though fundamentally different, will likely continue after they are divorced. This knowledge has led couples to decide on a collaborative divorce process, which can bring a more amicable settlement.
]]> In the collaborative divorce process, your legal representation works with your spouse's attorney to reach a settlement. The intent of this process is to avoid a lengthy legal battle. Through a collaborative agreement and mediation, couples can determine what level of spousal support or child support is appropriate and develop a plan to co-parent their children. This can be a very healthy option under the right circumstances.Of course, some couples will end up in court to settle irresolute disputes. However, couples should know that going to court does not have to be the first option, and in some cases it shouldn't be. It's very important for couples to weigh all of their options as they reach the decision to divorce.
Collaborative divorce may be the best thing for children. A confrontational relationship between ex-spouses might place an unnecessary burden on children, so being able to resolve a divorce in a peaceable way could be helpful for children.
Though collaborative divorces do not occur in all divorce cases, they are growing in popularity. Many see this as the most peaceable and fair way to proceed with their divorce. After all, it can save time, money and emotional stress.
Source: New Tampa Patch, "Alternatives to a Contested Divorce," Jeremy T. Simons, Feb. 13, 2012
]]>Owens claims that he was unable to keep up with the $20,000 monthly payments for each of his four children, largely due to the fact that he was not signed by a team for this past season. A court determined that $5,000 per month was a more manageable level of child support based on his current income.
]]> Also included in the new court settlement is visitation time for Owens, which is something he has never requested before. This is viewed as his effort to be a better father to his children. Someone familiar with the athlete said that Owens is looking to get a fresh start this year.When parents split up, one parent is often responsible for providing some financial support for their children. Unfortunately, not all parents fulfill their obligation to their children. In this case, Terrell Owens does not fit into that category. He is trying to support his children, but his financial situation changed. In light of the current economic situation, it's probably not uncommon for a parent's income level to change. Requesting lower child support payments does not necessarily mean that someone is trying to finagle their way out of their obligation; rather, it could mean that they are trying to be supportive at a level they can manage.
Hopefully Orlando parents with concerns about their child support payments, whether they are paying or receiving them, can take a look at what Owens has done. Though he is unable to provide the same kind of monetary support he did while he played football, he is trying to make up the difference by spending some time with his kids.
Source: Examiner, "Terrell Owens wins big in child support case," Kelly Cozzone, Feb. 6, 2012
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